Findings - 2026 - CUP-2026-16 - - Conditional use permit for industry (custom) and industry (limited) for the operation of a gunsmithing business within the mixed use zoning district within Parkinson CondominiumsBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR )
INDUSTRY (CUSTOM) AND INDUSTRY )
(LIMITED) FOR THE OPERATION )
OF A GUNSMITHING BUSINESS WITHIN )
THE MIXED USE (MU) ZONING DISTRICT )
FOR MICHAEL KAHN WITH KLAND, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2026-16
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on July 20, 2026, at which time public testimony was taken and the
public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Michael Kahn with KLand, LLC, is requesting approval of a conditional use permit to allow Industry
(Custom) and Industry (Limited) within the MU (Mixed Use) zoning district for the operation of a
gunsmithing business (Eagle Distribution, LLC) within the Parkinson Mixed Use Condominiums. The
0.74-acre site is generally located on the northwest corner of East State Street and South Parkinson
Street at 1093 South Parkinson Street, Unit C 100.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:30 PM, on May 18, 2026, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on May 19, 2026.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 8, 2026, in accordance with the requirements
of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and the Eagle City Code on July 1, 2026. Notice of this public hearing was mailed to property owners
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July
1, 2026. The site was posted in accordance with the Eagle City Code on July 10, 2026.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 23, 2024, the Eagle City Council approved a design review application for the Parkinson
Multi -Tenant Flex Space building (DR-2023-66).
On April 23, 2024, the Eagle City Council approved a design review application for the Parkinson
Multi -Tenant Flex Space master sign plan (DR-2023-67).
On May 15, 2026, the City of Eagle approved a condominium plat application for the Parkinson Mixed
Use Condominiums (CP-2026-01).
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On July 10, 2026, the condominium plat for Parkinson Mixed Use Condominiums was recorded at the
Ada County Recorder's Office (Ada County Instrument No. 2026-050828).
E. COMPANION APPLICATIONS:
No companion applications are associated with this application.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU (Mixed Use)
Multi -tenant condo building (Flex
Space)
Flex Space [primary], Industry
(Custom) [secondary], and Industry
Proposed
No Change
No Change
(Limited)[tertiary] for the operation
of a custom gunsmithing business
(Eagle Distribution, LLC)
North of site
Mixed Use
R-4 (Residential)
Single-family residential
South of site
Mixed Use
BP (Business Park)
Vacant land
East of site
Mixed Use
MU (Mixed Use)
Commercial screen printing business
Industry (Custom and Limited) —
West of site
Mixed Use
MU (Mixed Use)
44 Iron Design (Ornamental steel
fabrication)
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the Dunyon-State Development Area (DSDA). The purpose of the DSDA is
to allow unique regulations specific to this district to facilitate the redevelopment of the area [ECC 8-
2A-5(C)(4)].
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the wildland-urban interface overlay district.
I. URBAN RENEWAL AREA:
This site is located within the East End Urban Renewal Area.
J. EXISTING SITE CHARACTERISTICS:
The 0.74-acre site is developed with one (1) 12,332-square foot, single -story multi -tenant flex space
building and associated parking, landscaping, and site improvements. The building contains six (6)
existing tenant spaces.
The proposed business would occupy Unit C 100 within the Parkinson Mixed Use Condominiums. No
changes to the existing building footprint or overall site layout are proposed with this application.
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K. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
0.74-acres
(32,234-square feet)
5,000-square feet (minimum)
Percentage of Site Devoted to Building Coverage
38.20%
50% (maximum)
Percentage of Site Devoted to Landscaping
28.80%
10% (minimum)
Number of Parking Spaces
39-parking spaces total**
19-parking spaces onsite.
20-parking spaces on E
State Street
16-parking spaces
(minimum)
Front Setback (South)
40-feet
15-feet (minimum)*
Rear Setback (North)
53-feet
15-feet (minimum)*
Street Side Setback (East)
20-feet
20-feet (minimum)
Side Setback (West)
5-feet
5-feet (minimum)*
* Note: Required setbacks are based on the applicable Dunyon-State Development Area overlay standards.
**Note: Not inclusive of parking within the right-of-way on S Parkinson Street.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site contains one (1) existing 12,332-square foot multi -tenant flex space building containing six
(6) tenant spaces. No new buildings or increase in gross floor area are proposed with this application.
Height and Number of Stories of Proposed Buildings:
The existing building is one story in height, with a maximum height of 26-feet. Individual tenant spaces
include office and warehouse areas, with storage mezzanines located above portions of the tenant
spaces.
Gross Floor Area of Proposed Buildings: 12,332-square feet
On and Off -Site Circulation:
Vehicular access to the site is provided from East Dunyon Street (North), East State Street (South), and
South Parkinson Street (East). Internal circulation is provided through the existing parking and drive
aisles serving the multi -tenant building. No changes to the existing access locations or circulation
pattern are proposed with this application.
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M. PARKING ANALYSIS:
Parking for the multi -tenant building was previously calculated based upon the portions of the building
devoted to office and storage uses associated with the approved Flex Space use. Eagle City Code
Section 8-4-5 requires one (1) parking space per 250-square feet of gross floor area for office, business,
and professional uses and one (1) parking space per 1,000-square feet of gross floor area for storage
uses.
Parking Requirement for Parkinson Mixed Use Condominiums, pursuant to DR-2023-66:
Land Use
Gross Floor Area
Requirement
Number of Required
Pursuant to ECC Section 8-4-5
Parking Spaces:
Office, Business and
Professional
1,190-square feet
1/250-square feet
4.76 parking spaces
Storage
11, 142-squarefeet
1/1, 000-square feet
11.14 parking spaces
Total Required
16 parking spaces
Industry (Custom): Eagle City Code requires one (1) parking space per 1,000-square feet of gross floor
area used for industrial purposes, plus one (1) parking space per 300-square feet of office or sales area.
Industry (Limited): Eagle City Code requires one (1) parking space per 750-square feet of gross floor
area used for industrial purposes, plus one (1) parking space per 300-square feet of office or sales area.
Parking Requirement - Inclusive of the Proposed Industry (Limited) Use:
Land Use
Gross Floor Area
Requirement
Pursuant to ECC Section 8-4-5
Number of Required
Parking Spaces:
Office, Business and
Professional
1,190-square feet
1/250-square feet
4.76-parking spaces
Storage
10,942-square feet
1/1,000-square feet
10.94-parking spaces
Industry (Limited)
200-square feet
1/750-square feet
0.27-parking spaces
Total Required
16-parking spaces
Total Provided
39-parking spaces*
*Note: Does not include parking adjacent to South Parkinson Street.
N. PUBLIC SERVICES AVAILABLE:
The existing multi -tenant building is serviced by Veolia Water of Idaho, the Eagle Sewer District, Eagle
Fire Department, Eagle Police Department, and Hardin Sanitation for solid waste disposal. No changes
to the existing public services or utility connections are proposed with this application.
O. PUBLIC USES PROPOSED:
No public uses are proposed with this application.
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P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none identified
Evidence of Erosion — none identified
Fish Habitat — none identified
Floodplain — none identified
Mature Trees — none identified
Riparian Vegetation — none identified
Steep Slopes — none identified
Stream/Creek— none identified
Unique Animal Life — none identified
Unique Plant Life — none identified
Unstable Soils — none identified
Wildlife Habitat — none identified
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmental Assessment Plan was not required with this application.
R. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report:
Ada County Highway District
Department of Environmental Quality
Eagle Sewer District
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
S. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
T. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that such
use at the proposed location:
A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
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G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major
importance.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 5 1 Economic Development:
5.6 1 Economic Development Goals:
A. Attract and retain a talented and highly skilled workforce in the information, professional,
scientific, management, technology, and manufacturing sectors.
B. Direct infrastructure investment to support basic ("traded") sector job growth. Companies who
primarily sell their products and services outside of the City, bringing new dollars into the
community.
5.7 1 Objectives:
B. Encourage development of information technology and light industrial clusters.
C. Foster a culture of creativity and entrepreneurship, directing resources to attract, expand, and
develop shall and mid -sized technology -based employees.
D. Promote collaborative and supportive culture to encourage business growth.
E. Encourage innovative and emergent business and business models. Reduce barriers to new
businesses and expansion of existing companies.
F. Align urban renewal and land planning with economic development efforts.
G. Increase the availability of land as.appropriate to support development of desired employment
sectors.
Chapter 6 1 Land Use:
Mixed Use: Areas designated as Mixed Use should include a balanced combination of residential,
limited commercial, and employment -generating uses. Residential uses should range between 30%
(minimum) and 70% (maximum) of the uses within the site with densities up to 16 units per acre
(density will be determined on a site -by -site basis). Standalone single -use developments (e.g.,
exclusively residential or commercial) should be discouraged within the Mixed Use designation unless
part of an approved phased development. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the rezone
with a development agreement and a PUD process. See the planning area text for a complete description
of site specific uses.
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Section 6.4 1 Land Use Goals and Objectives:
N. Preclude industrial developments that may overburden public services and facilities and will result
in increased public expenditures.
O. Encourage the development of environmentally -friendly technical park/research and development
facilities, office complexes, and limited/light manufacturing activities.
W. Limit non-residential uses to designated areas. The scaling, design, and intensity of these areas will
be paramount to the approval of these uses.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
Eaizle Citv Code Section 8-1-2 1 Rules and Definitions:
FLEX SPACE: Allows for uses that generally require substantial amounts of storage and working area
as well as office and/or showroom space. This use is not intended to permit warehousing or
manufacturing that has high levels of truck activity. Loading docks shall be at the rear of the structure,
shall be screened from view from street and neighboring uses, and loading ramps shall be a maximum
of two feet (2') high to discourage tractor trailer use. Examples of uses include, but are not limited to,
custom bookbinding, ceramic studios, candle making shops, custom jewelry manufacture,
lighting/plumbing fixture showrooms, small merchandise assembly, and low intensity sales and
distribution facilities. Gross floor area of each building used as `flex space' shall be a maximum of
thirty thousand (30,000) square feet. Buildings may be comprised of several lease spaces. Hours of
operation shall be limited to between six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.
INDUSTRY (CUSTOM): Establishments primarily engaged in on site production of goods by hand
manufacturing involving the use of hand tools and small scale equipment.
INDUSTRY (LIMITED): Includes mechanical equipment not exceeding two (2) horsepower, a single
kiln not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those goods
produced on site. Typical uses include custom bookbinding, ceramic studios, candle making shops, and
custom jewelry manufacture.
MU (Mixed Use) District: To provide for a variety and mixture of uses such as limited office, limited
commercial, and residential. This district is intended to ensure compatibility of new development with
existing and future development. It is also intended to ensure assemblage of properties in a unified plan
with coordinated and harmonious development which shall promote outstanding design without
unsightly and unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU zoning district,
as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case, a cooperative development,
in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise, a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed
twenty (20) dwelling units per gross acre.
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Eagle City Code Section 8-2-3 J Schedule of District Use Regulations:
If a proposed use is not specifically listed in the chart below then the use is prohibited. When several
combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary
activity.
The Schedule of District Use Regulations identifies FLEX SPACE as a permitted use and INDUSTRY
(CUSTOM) and INDUSTRY (LIMITED) as conditional uses within the MU zoning district.
Land Uses
Disaica
A
A-R
R-E
R
L-O
C-A
C-1
C-p
C-3
CBD
M-1
BP
M-2
M-3
Ps
NV
Flex space
P
P
P
P
P
Industry
Custom
P
P
P
C
Limped
P
P
P
C
(P - Permitted Use I C - Conditional Use I No P Or C - Prohibited Use)
Eagle City Code Section 8-4-5 1 Schedule of
Parking Requirements:
Industry (Custom): 1 parking space per 1,000-square feet of gross floor area used for industrial
purposes; plus 1 per 300-square feet of office or sales area.
Industry (Limited): 1 parking space per 750-square feet of gross floor area used for industrial purposes;
plus 1 per 300-square feet of office or sales area.
Eagle City Code Section 8-2A-5(C)(4) I Design Review Overlay Districts:
Dunyon-State Development Area-DSDA: The purpose of the DSDA is to allow unique regulations
specific to this district to facilitate the redevelopment of the area.
Eagle City Code Section 8-2A-6(F) I Dunyon-State Development Area (DSDA
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage
new development by providing unique regulations specific to this district.
2. Setbacks and Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen
feet (15') minimum.
b. Side Setbacks: Side building setbacks shall be five feet (5') minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities include:
public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters,
outdoor dining, plazas, streetscape extension and bike racks.
d. Site And Landscape Design: At the discretion of the design review board the following may be
considered when the board finds that the site has been designed in harmony with the design
guidelines, objectives and considerations noted within subsection A of this section:
(1) Interior and perimeter parking lot landscape area dimensions may be reduced.
(2) The minimum required landscaping between the building and the property line may be
reduced when the design review board finds that the building's design style and architecture
serves as an appropriate buffer to the adjacent property.
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C. DISCUSSION:
This application applies to a single tenant space located within the existing Parkinson Mixed Use
Condominium building. The 12,332-square foot building design, parking areas, landscaping, access,
circulation, and other required site improvements were previously reviewed and have been
constructed pursuant to the applicable development and design review approvals. No expansion of
the building footprint, modification to the site layout, or additional exterior improvements are
proposed with this application. The requested conditional use permit would apply only to the
condominium unit and tenant space identified within the approved application materials, currently
anticipated to be addressed as Unit C 100, and would not authorize Industry (Custom) or Industry
(Limited) uses within the remaining tenant spaces of the development. A subsequent change to the
street address or designated unit number through the County addressing process should not require
modification of the conditional use permit, provided the approved use remains within the same
condominium unit and tenant space.
The proposed business includes office, customer service, storage, and working areas that are
generally consistent with the Eagle City Code definition of FLEX SPACE, which is a permitted use
within the MU zoning district. A portion of the tenant space would also be used for gunsmithing,
repair, customization, finishing preparation, and related operations conducted through hand
manufacturing and the use of hand tools and small-scale equipment. These activities are consistent
with definition of Industry (Custom) within Eagle City Code, which requires approval of a
conditional use permit within the MU zoning district.
The applicant has also requested approval of Industry (Limited) to allow potential future activities
that meet the applicable definition. The Industry (Limited) classification contains specific
limitations regarding the type and capacity of mechanical equipment and the incidental sale of goods
produced on site; therefore, any future activity conducted under that classification would remain
subject to those limitations. Approval of the conditional use permit would authorize the Industry
(Custom) and Industry (Limited) components of the business without altering the permitted Flex
Space use applicable to the remainder of the tenant space.
The applicant has requested approval for a specific business operation within the identified tenant
space. If approved, this conditional use permit should apply only to the approved operator and scope
of operations (Michael Kahn with Eagle Distribution, LLC) and should not run with the land. If the
approved business vacates the tenant space or a different operator proposes to conduct the same or
a similar use, approval of a modification to this conditional use permit should be required prior to
commencement of the new operation.
The applicant has not requested extended hours of operation. Hours for the proposed business should
remain subject to those established by Eagle City Code for Flex Space uses (6:00 a.m. to 10:00
P.M.).
The proposed Industry (Custom) activities involve limited and intermittent use of small-scale
gunsmithing equipment within the enclosed tenant space. The applicant has indicated that the
proposed 7.5-horsepower air compressor incorporates noise -reduction technology and is designed
to operate at a sound level comparable to normal conversation. The equipment would operate for
approximately ten (10) minutes on a day when used and is anticipated to be used approximately
once per week. All equipment associated with the Industry (Custom) use should be operated within
the enclosed tenant space in a manner that complies with applicable Eagle City Code requirements
regarding noise and nuisance impacts.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 20,
2026, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the applicant. A summary of the deliberation can be found at the following link (Granicus time:
00:01:57): https://ea lg e id•granicus.com/player/clip/2267
COMMISSION DECISION:
The Commission voted 3 to 0 (Wright and McCauley absent) to recommend approval of CUP-2026-16 for
a conditional use permit to allow Industry (Custom) and Industry (Limited) for the operation of a
gunsmithing business within the MU (Mixed Use) zoning district, with the following staff recommended
site -specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
2. Industry (Custom) and Industry (Limited) are the only uses approved with this application. The
remainder of the tenant space within the Parkinson Mixed Use Condominiums may continue to be used
for Flex Space in accordance with the applicable provisions of the design review approvals and Eagle
City Code.
3. No expansion of the building footprint, modification to the site layout, or additional exterior
improvements are approved with this application.
4. This conditional use permit applies only to the condominium unit and tenant space identified within the
approved application materials, currently anticipated to be addressed as Unit C 100 within the Parkinson
Mixed Use Condominiums, and does not authorize Industry (Custom) or Industry (Limited) uses within
the remaining tenant spaces of the development.
A subsequent change to the street address or unit designation through Ada County addressing shall not
require modification of the conditional use permit, provided the approved use remains within the same
condominium unit and tenant space.
5. This conditional use permit shall apply only to the approved operator and scope of operations (Michael
Kahn with Eagle Distribution, LLC) and shall not run with the land. If the approved business vacates
the tenant space or a different operator proposes to conduct the same or a similar use, approval of a
modification to this conditional use permit shall be required prior to commencement of the new
operation.
6. The proposed business shall operate within the hours established by Eagle City Code for Flex Space
uses (6:00 a.m. to 10:00 p.m.). No extended hours are approved with this application.
7. All equipment associated with the Industry (Custom) use shall be operated within the enclosed tenant
space in a manner that complies with applicable Eagle City Code requirements regarding noise and
nuisance impacts.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a surety shall be submitted to the City Clerk, prior
to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall
be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall
cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
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Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light -fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner'sibusiness owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square -feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CUP-2026-16) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional
Uses" and has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-7-3-1(C),
since Industry (Custom) and Industry (Limited) are identified as conditional uses within the MU
(Mixed Use) zoning district pursuant to Eagle City Code Section 8-2-3.
B. Will be harmonious with and in accordance with the general objectives of the Comprehensive Plan
and Eagle City Code Title 8 because the business would operate within an existing multi -tenant
building, would not require expansion of the building or modification of the existing site
improvements, and would provide an employment -generating use within an area designated for
mixed use.
C. Will be operated and maintained in a manner harmonious with the existing and intended character
of the area. All industrial activities would occur within the enclosed tenant space, and no exterior
changes, outdoor work areas, or outdoor storage are proposed.
D. Will not be hazardous or disturbing to existing or future neighborhood uses. The proposed industrial
activities would occur entirely within the enclosed tenant space, and the principal identified source
of operational noise is a 7.5-horsepower air compressor equipped with noise -reduction technology.
No live -fire testing or discharge of firearms would occur on site, and the operation would remain
subject to applicable noise, nuisance, building, fire, and firearm regulations.
E. Will be adequately served by existing public facilities and services. The building is already served
by existing streets, water, sewer, fire protection, drainage, refuse disposal, and other utilities, and
no expansion of public infrastructure is proposed.
F. Will not create excessive additional requirements at public cost or be detrimental to the economic
welfare of the community because the business would occupy an existing tenant space and utilize
existing infrastructure and site improvements, and the applicant will bear all costs of any necessary
tenant improvements.
G. Will not involve activities, processes, materials, equipment, or operational conditions that would
be detrimental by reason of excessive traffic, noise, smoke, fumes, glare, or odors. The proposed
industrial activities would occupy a limited portion of the tenant space, would occur indoors, and
would be subject to applicable City requirements and the conditions of approval herein.
H. The existing vehicular approaches and internal circulation serving the development would
adequately serve the proposed uses. Vehicular access is provided from East Dunyon Street, East
State Street, and South Parkinson Street. No new access points or modifications to the existing
circulation system are proposed.
I. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major
importance since none are apparent on -site and the applicant is not proposing the removal of any
natural features.
2. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add conditions
to the permit, modify existing permit conditions, or revoke all or part of the permit.
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DATED this 3' day of August 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairmat6--_11*�
ATTEST:
'111111188,
OFF1C
Tracy E. 6sbom, Eagle City Clerk
•
• SE A L.:
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